' NAZIR AHMAD SIDDIQUI, J.---Petitioner seeks pre-arrest bail in a case registered vide F.I.R. No,42 of 2005, dated 17-1-2005 under sections 452,337-F(i), 148, 149, 354, 337-A(i), P.P.C. At Police State Fareed Town District Sahiwal.
2. As per F.I.R., petitioner armed with a hatchet along with the other accused trespassed into the house of the complainant and caused injuries to her.
3. Arguments heard. Record perused.
4. There is delay of one day in lodging the F.I.R., not properly explained therein; that the petitioner is fairly old man of 60 years and in the initial investigation, section 452, P.P.C. Was deleted and the petitioner who is a close relative of the complainant was granted bail after arrest by the learned Magistrate. However, later-on, in, the subsequent investigation, section 452, P.P.C. Was again added, therefore, the petitioner was obliged to seek pre-arrest bail with reference to the same; that the house wherein the alleged occurrence had taken place belongs to petitioner's real brother who used to visit there freely; that the co-accused after having been declared innocent had already been enlarged on bail; that there is no sharp-edge injury on the person of the complainant as the same are in the shape of bruises that as per F.I.R., motive was to the effect that petitioner asked the complainant's husband to give some money by way of loan but he refused, therefore, altercation had taken place between them which shows that there was no motive at all against the complainant which might have stepped towards causing injuries to her; that the offences where- under the petitioner is alleged to have been involved, do not fall within the prohibitory clause of section 497, Cr.P.C.; that the petitioner does not have any previous history of his involvement in such like cases and in case the petitioner is arrested, he would be put to the disgrace and humiliation.
5. All the above factors taken together bring the case of the petitioner within the ambit of further inquiry. Hence, this petition is allowed and the interim bail already granted to the petitioner vide order of this Court, dated 15-6-2005 is hereby confirmed subject to furnishing fresh bail bonds in the sum of Rs,50,000 (fifty thousand) with two sureties each in the like amount to the satisfaction of the learned Illaqa Magistrate within two weeks, failing which law shall take its own course.
Pre-arrest .